On Monday June 29, 2009, The Supreme Court in a 5-4 decision ruling favored white and Hispanic fire fighters advancing the case for validated testing and assessments in the workplace in America.
In 2003 Lt. Ben Vargas was one of 56 New Haven, Conn. Fireman who passed the test for promotion to Captain of whom 15 were black or Hispanic. When the city discovered that only two out of the 56 were likely to be immediately promoted (due to lack of job openings) the city threw out the test for fear of being sued by minority candidates who might allege discrimination.
However, 17 white firefighters plus Vargas (a total of 18 firefighters) filed suit against the city for throwing out the test. The Supreme Court has now ruled in behalf of the 18 who filed suit against the city for throwing out the test . This ruling delivered the message that rejecting employment test results because of the lack of minority candidates eligible for promotion violates Title VII of the Civil Rights Act of 1964.
Justice Anthony M. Kennedy wrote for the majority, “Fear of Litigation alone cannot justify an employer’s reliance on race to the detriment of individuals who passed the examinations and qualified for promotions.”
The 18 plaintiffs in the case studied intensively for the test, giving up second jobs and missing family celebrations. The lead plaintiff, Frank Ricci was dyslexic and had studied 8 to 13 hours a day, and had hired an acquaintance to tape-record the study materials for him.
In the case before the court, Ricci v. Stephano, No. 07-1428, the majority said there is no evidence, let alone strong evidence, of any problem with the tests. With this ruling, the Supreme Court has in reality sent a variety of messages to employers in both the public and private sector:
When using a validated job related test that has proven to be nonbiased by race and sex
that test or assessment may legally discriminate against minority groups who do not have the qualifications for the job. In this case black fireman who took the test failed to learn the necessary material to pass the test.
Would we allow Doctors to practice medicine who do not pass the medical exam? Lawyers who don’t pass the bar exam to practice law? or CPA’s who haven’t passed the CPA exam to offer their services as a CPA---Obviously the answer “NO”. Employers have the right to require people to be qualified for the jobs they are hiring them for or promoting them into and the Supreme Court has just upheld that right.
In this case the Supreme Court sent a clear message that being in a minority group who failed a validated job related test is not an acceptable basis to file a discrimination complaint.
The Supreme Court Decision further sent a message to employers that job related validated tests and assessments are usable and defensible in both the hiring and promotional processes and are clearly some of the most validateable parts of an employers hiring or promotional process as a result of the clear cut rules established for validation in the Uniform Employment Guidelines published in the Federal Register in 1979.
This Supreme Court Decision is a job win for companies like Innovative Leadership and its Achiever Series of Assessment Instruments. (www.ILDV.org), The Achiever Series are job related assessments that has been repeatedly proven to be validated and nondiscriminatory by race, color or sex which does identify individuals who do not fit the requirements of the job. The Achiever is now America’s premier job-related assessment instrument for use in both applicant selection and people development processes. There as never been an adverse finding, or settlement out of court, against any employer for its usage. Information on the validation of the Achiever and validation of tests and assessments in general and their optimum usage is available at www.whytest.biz.
Please call for more information on America’s Premier Assessment Instruments distributed by Innovative Leadership at 609.390.2830 or contact us here: http://www.innovativeleadershipdv.com/contact.asp
Richard Hohmann is the senior consultant/Vice President for Innovative Leadership of the Delaware Valley, LLC. He is a graduate of the Ohio State University and has over thirty years of Leadership and Management Development experience. His focus is on the effectiveness of the organization and the development of their people to enhance performance and improve productivity. He teaches managers and leaders to know what it takes to be successful and then uses a defined plan to teach them how to do it until they succeed. He has written numerous articles for national publications and speaks at many association meetings nationwide. He is very involved with his community organizations and professional affiliations.
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